ETHICS AND FIQH

FOR EVERYDAY
LIFE
(UNGS 2050)
NURUL AQILAH BINTI
HAMZAH
1326648
STANDARD CONTENTS
Department of General Studies, 2008

WEEK 1
FOUNDATIONS OF
ETHICS IN ISLAM

Introduction
Definition:
Literally: Derived from Greek ethos, means character.
Technically:
The field of study that has
morality as its subject matter.
(Branch of science)
Ethics
The values or rules of
conduct held by an individual or a
group = morality/ morals
According to Imam al-Ghazali, character is an established state (of
the soul) from which actions proceed easily without any need for
reflection or deliberation.
3

Major concerns
The nature of ultimate values = ethical principles.
The standards by which human actions can be

judged as right or wrong, good or bad.

The Importance of Ethics in

Islam
Morality/ good moral character is:
- The spirit of Islam
- The validation and authentication of Iman
1- Morality as the spirit of Islam
What is Islam?
Good relationship among human
beings = good morality.
Good relationship with Allah in its
spiritual sense.
5

The main purpose of Islam

I have been sent (as the Messenger of Allah)

only for the purpose of perfecting good morals.
(hadith)
Who is a Muslim?

A Muslim is the one who avoids harming

Muslims with his tongue and hand (hadith)

Even pure worship (ibadat) is for moral purposes

Examples:
Salat:
And establish regular prayer;
for prayer restrains from indecency
and
evil (29: 45)
Zakat:
Take alms of their wealth, so
that it may purify and sanctify them. (9: 103)
Fasting: Fasting was made compulsory for you,
as it was made compulsory for those
who
preceded you, so that you may become
righteous. (2: 183)

Islam & ethics - continued

Allah has nothing to do with the fasting
of
those who did not avoid perjury, lying
and false
accusation and acting upon them. (hadith)
Hajj: whoever determines the
performance of
the pilgrimage therein, there shall be no lewdness
nor abuse
nor angry conversation on the
pilgrimage(2: 197).

Morality as validation of
Iman
Definition of Iman:
Iman has over sixty branches (parts): the highest of
which is the belief that nothing deserves to be
worshipped except Allah and the lowest of which is
the removal from the way of that which might cause
harm to anyone. And modesty (haya )is a
branch of it. (hadith)

Morality as validation of
Iman

10

Conviction

Foundation

Profession

Declaration

Practice

Validation

Morality as validation of
Iman
The man who has these three habits is a hypocrite

even if he observes fast, offers prayers, performs

umra (pilgrimage), and claims to be a Muslim: when
he talks he speaks untruth, when he makes a
promise he does not keep it, and when he is given
something in trust, he commits dishonesty. (hadith)
Lacking in good morals = Lacking in faith (iman)
which Muslim has the perfect faith? He who has the
best moral character. (hadith)
The level of faith (iman) is proportional to the level of
morals

11

He who believes in Allah and the Last Day

of Judgment is forbidden to cause any
harm to his neighbour, is to be kind to his
guests especially the strangers, and is to
say the truth or else abstain. (hadith)
None of you will have faith (will be a true believer) till
he wishes for his (Muslim) brother what he likes for
himself. (hadith)

Good morals are conditions of validity of

Iman
12



( 1)
( 2)
(3)

I swear by the time, Most surely man is in loss, Save

those who believe and do good works, and exhort one
another to truth and exhort one another to endurance.
(103: 1-3)

(82 : )

Those who have Faith and work righteousness. They

are the ones who shall be rewarded with Jannah.
therein they shall have an everlasting life. (2: 82)

13

Why we have to be moral people?

Spiritual benefits:
Good morals = voluntary worship

A believer by virtue of his good morals may attain

the status of one who fasts (voluntary fast) regularly
and performs prayer at night. (hadith)
The dearest one to Allah:

When the Prophet (saw) was asked: Whom Allah

likes most amongst His subjects? He replied: The
one who possesses superior moral qualities.
(hadith)
14

Good morals eliminate sins bad morals spoil

virtues
Courtesy and good morality melt the sins just like
water melts the ice. And immorality spoils good
deeds as vinegar spoils honey. (hadith)
A certain woman is famous for her voluntary
prayers, fasting and charities, but she harms her
neighbours. She is in Hell. Another woman does not
do much by way of voluntary prayers and fasting and
she gives pieces of cheese in charity but she does
not harm her neighbours. She is in the Paradise.
(hadith)

15

Social benefits:
Stable, secure, and harmonious society
Directing civilization to a just end (civilization = to do

what can be done. Ethics = what should be done,

what should not be done)
Strong and peaceful family life
Good leadership
Building good reputation
Wining hearts of people

16

Commitment to values
Fear Allah wherever and whenever you are (obey

his obligations and avoid his prohibitions) and follow

your sins with virtues so that it will eliminate it, and
treat people with high morals. (hadith)
Do not follow others blindly and say: if people do

good, we do good too, and if they do injustice, we

do too. Rather, make up your minds for yourselves
and if people do something good, do it too, but if
they do something unjust, do not do it yourselves.
(hadith)
17

Fields of ethics
Normative

Metaethics

Applied

Normative ethics:

- Seeks to set norms and standards for conduct

- General theories about what one ought to do.
Metaethics:

Systematically studies the meanings of ethical terms

and of judgments used in normative ethics.

18

Fields - continued
Applied ethics:

Application of normative theories to practical moral

issues/ problems.
Examples:
- Obedience to parents
- Right to life
- Justice
- Cooperation

19

Ethics / ilm al-Akhlq/ alAkhlq

Ethics in Arabic is ilm al-Akhlq (science of

morality), which is the branch of knowledge that

studies akhlaq (morals).
al-Akhlq (the plural of khuluq/ )(refers to
morality, which means a nature, or an innate
disposition or temperament.
The proper signification of khuluq is the moral
character; or the fashion of the inner man; his
mind or soul and its peculiar qualities and
attributes.

20

WEEK 2
THE RELATIONSHIP
BETWEEN ETHICS,
FIQH AND LAW

Morality/ ethics and law

Both law and morality are action-guiding.
Law provides a series of public statements (a

legal code), or system of dos and donts to

guide humans in their behavior and to prevent
them from doing harm to others and violating their
rights.
Morality provides a similar system though might
not be in written form.
In addition to that, morality provides reasons
behind any significant laws governing human
beings and their institutions.
22

Morality precedes law, whereas law sanctions

morality; that is, law puts morality into a code or

system that can then be enforced by punishment.

Scope: In general, the law is taken to be

concerned with acts, rather than attitudes.

The mere fact of having certain intentions is not

really the sort of thing about which you can have
a law.

23

In morality, by contrast, bad intentions may

sometimes amount to a moral wrong. On the
other hand, good intentions are in themselves
good values.
Morality is wider than law. What is moral in not

necessarily enforced through law.

But there are some things which are governed by
law (driving on the left or right side of road) which
are presumably matters of indifference from a
moral point of view.

24

Conformity between morality and law:

= In Islamic law:
- Law should be a reflection of Islamic morals.
- Laws, rules and regulations are not supposed to be
against Islamic moral principles
= In secular law
The relationship between law and morality is not
entirely reciprocal. What is moral is not necessarily
legal and vice versa.
Many practices have been inscribed in the law, that
are clearly immoral (e.g., homosexuality, same sex
marriage, mercy killing, abortion, usury, changing
munkar ).
25

 Sanctions: If you break the law, you may be fined or

imprisoned or executed. Various bureaucracies exist

precisely to hand out legal sanctions.
If you do something that is morally wrong (but not
also illegal), however, no similar bureaucracy is going
to come after you.
Instead,
In divine religions you suffer a punishment on the
Day of Judgment.
In non-religious world views you may suffer the sense
of guilt in your own conscience, or your reputation
may suffer, or you may be exposed to the blame of
other people

26

Morality and
Etiquette
For the most part, etiquette pertains to norms

that are of little ethical significance.

It concerns form and style rather than the
essence of social existence.
Etiquette determines what is polite behavior
rather than what is right behavior in a deeper
sense. It represents societys or religions
decision about how we are to dress, greet one
another, eat, celebrate festivals, express gratitude
and appreciation etc.

27

INCULCATION OF MORAL
VALUES
Determination
Motivation
Training (habituation)
Environment (peers, friends ..)

28

Determination

- To judge ones character in light of the Quran

- A trait of character may be reinforced as a result of
acting frequently in accordance with it, and considering
it to be fine and satisfactory.








A believer sees his sins as if he were sitting under a
mountain which, he is afraid, may fall on him; whereas
the wicked person considers his sins as flies passing
over his nose and he just drives them away like this.
(hadith)

29

Motivation
To remember rewards & punishments
Models & Ideals
Reciting the Quran
Reading Sirah
Reading the biographies of pious people

30

Training (habituation)
Morals can be instilled on the principle of habit

formation
Habit: do it without thinking/ hard to stop it
Start
repeat
develop it to a habit

31


Adopt truth, for truth leads to righteousness, and

righteousness leads to Jannah. A person speaks

the truth regularly and adopts truthful ways till he
is recorded as a truthful person. And keep away
from falsehood, for falsehood leads to
wickedness, and wickedness leads to the Hell. A
person tells lies regularly and attaches himself to
falsehood till he is recorded as a liar. (hadith)

32


Truth

righteousness
Jannah
Tell truth regularly
truthful person
Falsehood

wickedness

Jahannam
Tell lies regularly

33

liar







)(91 :

Satan's plan is (but) to excite enmity and hatred

between you, with intoxicants and gambling, and

hinder you from the remembrance of Allah, and
)from prayer: will ye not then abstain? (5: 91

34

Environment (peers, friends ..)

The similitude of a good company and that of a
bad company is that of the owner of misk
(perfume) and of the one blowing bellows (ironsmith). The owner of perfume would either offer
you for free of charge or you would buy it from
him or you would smell its pleasant odour. The
one who blows bellows he would either burn your
clothes or you shall have to smell its bad smell.
(hadith)

35

WEEK 3
CORE MORAL
VALUES IN ISLAM

THE CONCEPT OF
JUSTICE (ADL)
To place things in their rightful places
The term adl implies:

Giving people what they deserve,

Impartiality,
Saying the truth,
Avoiding oppressing others,
Avoiding bias and prejudice,
Being balanced in ones views and judgements.
37

Forms of expression in the

Quran
- al-Adl ( )and its derivatives = 10
(2: 282/ twice), (4: 58), 16: 76, 90), (49:9), (5: 8),
(6:152), (42: 15)
- al-Qist ( )and its derivatives = 18
(3: 18, 21), (4: 127, 135), (5: 8, 42), (6: 152), (7:
29), (10: 4, 47, 54), (11:85), (21: 47), (55: 9),
(57:25), (5: 42), (49: 9), (60: 8).
- ( balance)
38

Forms of Justice
J u s tic e
J u d g in g b e tw e e n p e o p le
S a y in g s
s ta te o f m in d /
w a y o f th in k in g
w a y o f tr e a tin g
p e o p le
39

1.Justice in judging between people/

Judicial justice

Judges, mediators, arbiters

To be impartial in judging between
people (more in legal ethics)

40

}


){(58
) (.
Surely Allah commands you to render back trusts to
their owners and that when you judge between
people you judge with justice; surely Allah
admonishes you with what is excellent; surely Allah
)is Seeing, Hearing. (4: 58
41

.(({ ) 42)

Listeners for the sake of falsehood! Greedy for illicit

gain! If then they have recourse unto you (Muhammad)
judge between them or disclaim jurisdiction. and if you
turn aside from them, they shall not harm you in any
way. But if you judge, judge between them with equity;
surely Allah loves those who judge equitably. (5: 42)
42

2. Justice in sayings:
To say the truth and bear witness with justice

43

- With enemies:

)) {(8 (.
O you who believe! Be upright for Allah, bearers
of witness with justice, and let not hatred of any
people incite you not to act justly; deal justly, that
;is nearer to piety, and Observe your duty to Allah
)surely Allah is Aware of what you do. (5: 8

44

- Against oneself & relatives

({ )152)
}
.(
And when you speak, then be just though
it be against a relative (6: 152)

45

)) (135(
O you who believe! stand out firmly for justice, as
witnesses to Allah, even as against yourselves,
or your parents, or your kin, and whether it be
against rich or poor: for Allah can best protect
both. Follow not the lusts (of your hearts), lest
)you will be deviated from the right way (4: 135
46

3. Justice in treating people

(a)To avoid oppressing others and abusing their
rights
b) Social and economic justice
- People should be given equal opportunities.
- People must be given the right to private
ownership and freedom of economic pursuit.
- the wealth of the individuals should be fully protected.
- Redistribution of wealth/ Zakat + charity.

47

- Social welfare fund:

}






(({ )7)

That which Allah gives as spoil unto His messenger

from the people of the townships, it is for Allah and
His messenger and for the near of kin and the
orphans and the needy and the wayfarer, so that it
may not become a commodity between the rich
among you. And whatsoever the messenger gives
you, take it. And whatsoever he forbids, abstain
(from it). And keep your duty to Allah. Surely Allah
is stern in reprisal. (59:7)
48

c) Political justice:
- Shurah: people have right to decide how to
and who is to manage their affairs.
- Fair representation of different groups.
(d) Justice on the family level
- Justice between children
Nu'man b. Bashir reported: My father donated to
me some of his property. My mother said: I shall
not be pleased with this act until you make
Allah's Messenger (saw) a witness to it.
49

My father went to Allah's Messenger (saw) in

order to make him the witness of the donation
given to me. Allah's Messenger (saw) said to
him: Have you done the same with every son of
yours? He said: No. The Prophet (saw) said:
Fear Allah! And observe justice among your
children. My father returned and got back the
gift. (hadith)

50

- Justice to wives/ husbands

{(3)

.()
And if you fear that you cannot act equitably towards
orphans, then marry such women as seem good to you,
two and three and four; but if you fear that you will not
do justice (between them), then (marry) only one or
what your right hands possess; this is more proper,
Thus it is more likely that you will not do injustice. (4: 3)

51




)) (129

(
You will not be able to be completely just between
wives, even if it is your ardent desire. But dont turn
altogether from one, leaving her as in suspense. If
you do good and keep from evil, Allah is ever
forgiving, merciful. 4: 129

52

(e) Justice in weighing & measuring

(( )35)

And give full measure when you measure, and

weigh with a right balance; this is fair and better
in the end. (17: 35)

53

4. Justice as a state of mind/ way of

thinking:
To be moderate and balanced in our views,
especially in making judgments on things and
people.
This would be achieved through looking at both
merits and demerits of things and persons,
considering the consequences, weighing between
benefits and harm, understanding the causes and
reasons behind peoples actions, etc.
54

Cause of injustice vs.

Requirements of justice
1. Cause of injustice:
Hatred
enemies + opponents
Love and favour
relatives + cronies
Self-interest and greed
Ignorance
Hurry in making decisions
55

2. Requirements of justice
(a) On the individual level:
1.To keep in mind the dire consequences of
injustice

56



}

) (42



)) {(43(
And do not think Allah is unaware of what the
unjust do; He only respites them to a day on
which the eyes will stare in terror. As they come
hurrying on in fear their heads upraised, their
gaze returning not to them, and their hearts
)vacant. (14: 42-43

57

( 41)

(({ )42)
And whoever defends himself after his being
oppressed, there is no way of blame against them.
The blame is only against those who oppress
mankind, and act in defiance of right and justice
(and wrongfully rebel in the earth) these shall have
a painful punishment. (42: 41-42)
58

2- To distance oneself from oppressors

(113 : )
And do not incline to those who are unjust, or the
Fire will seize you, and you have no guardians
besides Allah, then you shall not be helped.
(11:113)

59

3- To examine whatever we hear before

acting against people on mere
suspicion

(6 : ).
O you who believe! If an untrustworthy person
comes to you with any news/ report, look carefully
into it, lest you harm people in ignorance, then be
sorry for what you have done. (49:6)

60


)(12 :
O you who believe! Avoid most of suspicion, for
)surely suspicion in some cases is a sin. (49:12

61

(b) On societal level:

.(({ ) 25)

We verily sent Our messengers with clear proofs,

and sent down with them the Book and the balance
that men may conduct themselves with equity; and
We have made the iron, wherein is mighty power and
(many) uses for mankind, and that Allah may know
who supports Him and His messengers, though
unseen; surely Allah is Strong, Almighty. (57: 25)
62

1- The book: that refers to the just and perfect laws.

2- The balance: that refers to the knowledge and
wisdom of the judge by which he can weigh
contradictory pleas and evidences to come out
with a just decision.
3- The iron: that refers to power and authority.
Usually justice cannot be implemented without
authority. It needs to be imposed on wrongdoers
and tyrants.
63

Injustice/ Tyranny / Zulm

Placing something not at its proper place
To go beyond the limit of what is morally or

legally acceptable
To exceed the limits of our rights/ power/
authority
To cause harm & injury to others.

64




):


(49
Nay, here are Signs self-evident in the hearts of
those endowed with knowledge: and none but the
)unjust reject Our signs. (29:49

65

Insignificances of zulm
Injustice leads to bankruptcy:
When the Messenger of Allah asked: Who is a
bankrupt. His companions answered that the
bankrupt is one who has no money. He said: in
my Ummah, the bankrupt is that man who would
appear on the day of judgment before Allah; he
had offered prayer; he had paid Zakat; he had
observed fast;
66

but he would have abused somebody, he would

have falsely accused some one; he would have
unlawfully taken some one elses property; he
would have murdered some one; he would have
hit some body. All his virtues would be given to
his victims. If his virtues are finished before his
wicked deeds are finished, then the sins of the
victims would be given to him and he would be
thrown into the Hell. (hadith)

67

The Messenger of Allah used to say in any speech

he gives: The person who does not keep trust has
no Iman (faith) and the person who does not
respect his covenant (and promise) has no
religion. (hadith)
"The signs of a hypocrite are three:
(c) If he is entrusted, he does honour his trust (he
proves to be dishonest) (hadith)
68

"When would the Hour (Doomsday) take place?"

"When honesty is lost, then wait for the Hour
(Doomsday)." (hadith)
"How will that be lost?" The Prophet said, "When
the power or authority comes in the hands of unfit
persons, then wait for the Hour (Doomsday.)
(hadith)
- Why the one who cant be trusted has no iman?
- Why the one who cannot be trusted has no
religion?
-Why loss of amanah is related to the
Doomsday?
Doomsday = chaos = disorder
69

What is Amanah?

Hone
sty

Since
rity
70

Responsi
bility

Am
an
ah

Trustworth
iness

- To fulfill ones responsibility towards his

Lord as well as to that of humans.
- To be honest and sincere in doing things.
- To keep deposits properly and use them

according to the terms and conditions of

the owner.

- Antonym: Khianah (betrayal)

71

Aspects of Amanah
A m an ah
V ic e g e r a n c y
F a m ily
D e p o s it s
S e c re ts
W o r k / p u b lic o f f ic e
W e a lt h & a b ilit ie s
72

1. The amanah of taklif:

To inhabit this world
to be vicegerants of Allah
to fulfill the purpose of our creation
to implement His laws on this earth

73

}
({ )72)

.(
We offered the trust unto the heavens and the earth
and the hills, but they shrank from bearing it and
were afraid of it. And man assumed it. He was
indeed tyrannous and ignorant. (33: 72)

2. The amanah of family

To fulfill our responsibilities towards our family
members and provide them with guidance and
maintenance,
Every one of you is a guardian and every one will
be asked about his subjects... A man is the
guardian of the persons in his household and he
will be answerable about them. A woman is the
guardian of her husbands house and she will be
asked about her responsibility (hadith)
74

3. To return back deposits to their

owners.
}
.(({ ) 58) ..
Surely Allah commands you to render back trusts to their
owners. (4: 58)

4. Keeping secrets:
maintaining secrecy and confidentiality of what is
required to be confidential is a trust.
What is said in meetings and meant to be confidential is
a trust (hadith)
75

5. The amanah of work & public office:

The Prophet (saw) said: Whomsoever we have given
some post and he has concealed a needle or a thing
smaller than that, then it will be a misappropriated
thing with which he will have to appear on the Day of
Judgment. (hadith)
When the administrator is given a job, he should
receive his due and should pay the dues of others,
then he is like a fighter in the cause of Allah till he
returns home. (hadith)
76

6. The amanah
abilities:

of

wealth

&

"

."

Before the end of the Day of Judgement everyone

will be questioned about the following:
- In what did he spend his life?
- What did he do with his knowledge?
- From where did he get his wealth and on what
did he spend it?
- In what did he use his physical and mental
faculties? (hadith)

77

WEEK 4
The concept of
Khayr/Birr
(righteousness) and
Ithm/Sharr (vice).

The concept of Birr vs.

Ithm
al-birr ( =)al-khayr (= )
Virtue, righteousness, goodness, benevolence
Al-ithm ( = )al=Sharr (=)
vice, evil

79

 continued
A virtue, from an Islamic perspective, can be defined

as: a belief, act or saying that is useful and beneficial

to mankind and in compliance with the divine law.
Virtues, in Islam, can be classified under the
following categories:
1- Observing the obligations enjoined by Allah (swt)
and those acts recommended by Him to be
performed.
2- Refraining from those acts and sayings that are
prohibited by Allah (swt).

80

 continued
3- All acts which are helpful and beneficial to
oneself, his family, relatives, human beings and
animals.
Birr towards oneself
Birr towards family and relatives
Birr towards community members and humanity
Birr towards other creatures
Birr towards God the creator of this universe
81

 continued
A vice (sin) is any belief, act or saying that is

harmful to mankind and against the principles of

divine law. Vices/sins can be classified under the
following categories:
1- Neglect of obligations and duties without legal
justification.
2- Commission of prohibited acts and sayings.

82

 continued
3- Abusing the rights of others and causing undue
harm (physical or psychological) to them (any kind
of harm which is not in retaliation to another harm
or which is necessary to remove evil, tyranny or a
greater harm).
4- Taking the property of someone without his
consent.

." :"

The blood, property and honour of a Muslim must

be sacred (forbidden) to every other Muslim.
(hadith)
83

 continued
Ithm (sharr) towards oneself
Ithm (sharr) towards family & relatives
Ithm (sharr) towards community members

& humanity
Ithm (sharr) towards other creatures
Ithm (sharr) towards God the creator of this
universe

84

 Continued
Allah's Messenger (saw) said:

A charity is due on every joint of a person,

every day the sun rises:
Administering of justice between two men is a

Charity;
And assisting a man to ride upon his beast
(vehicle);
Helping him load his luggage upon it;
85

 Continued
And a good word is a charity;
Every step that you take towards Prayer is a

charity;
Removing of harmful things from the pathway
is a charity. (hadith)
Allah's Messenger (saw) said:

Never does a Muslim plant trees or cultivate

land and birds or a man or a beast eat out of
them but that is a charity on his behalf.
(hadith)
86

 Continued




!



"

87

 continued





We were with the Messenger of Allah (peace be upon
him) during a journey. He went to ease himself. We
saw a bird with her two young ones and we captured
her young ones. The bird came and began to spread
its wings. The Apostle of Allah (peace be upon him)
came and said: Who grieved this for its young ones?
Return its young ones to it. (hadith)
88

 continued



Allah's Messenger (peace be upon him)
said: A woman was punished because of a
cat. She had neither provided her with food
nor drink, nor set her free so that she might
eat the insects of the earth, until it died.
(hadith)

89

 Continued

)) {(177 (.
90

 Continued
It is not righteousness that you turn your

faces (in prayer) towards East or West

(2:177)
1. Avoid superficial concepts and rituals,
lifeless formalities and non-effective beliefs.
Righteousness is not merely a matter of void
utterances. It must be founded on strong
Iman and constant practice.
91

 Continued

(189)

It is no virtue if you enter your houses from the

back: it is virtue if you fear Allah. Enter houses

through the proper doors: and fear Allah: that you
may prosper.

but it is righteousness to believe in Allah and the

Last Day, and the Angeles and the Book, and the
Messengers (2: 177)
2. Ones iman (faith) should be true and sincere.
92

 continued
to spend of your wealth in spite of your

love for it for your kin, for orphans, for the

needy, for the wayfarer, for those who ask,
and for the ransom of slaves (2: 177)

}

() 9 {(92)9

3. One must be prepared to show this iman

(faith) in deeds of charity and kindness to
their relatives and fellow man.
93

 continued
to be steadfast in prayer and practice

regular charity;
4. To fulfil religious obligations
to fulfill the contracts which you have made;

5. Respect others rights and honour ones words

94

 and to be firm and patient, in pain and

adversity, and throughout all periods of

panic... (2: 177)
6. One must be patient and unshakable in
all circumstances.

95

Al-amru bi al-maruf & alnahyu an al-munkar

(enjoining good and forbidding evil)

(({ ) 110)

You are the best of the nations raised up

for (the benefit of) men; you enjoin what
is right and forbid the wrong and believe
in Allah. (3: 110)
96

Al-amru bil maruf

Al-amr:
to invite to, to encourage, to promote,
to spread, to command, to enforce.
Al-maruf: acceptable
Al-Birr, al-Khayr, virtue, goodness
Al-amru bil maruf
Inviting people to do goodness
Spreading & promoting virtues
Enforcing goodness
Al-amru bil maruf = Dawah = advice
97

al-nahyu an al-munkar
Al-nahy:

to discourage, to advise not to do

sth., to prevent, to prohibit
Al-munkar:
disagreeable
evil, vice
al-nahyu an al-munkar:
To discourage/ advise not to do Evil/
To prevent/ combat

Indecen
cy

98

Levels of Al-amru bil maruf

& al-nahyu an al-munkar

Socie
ty
Friends
& Famil
y
relative
99

Means & ways of Al-amru bil

maruf & al-nahyu an al-munkar
Model
Verbal
Writing
Media

100

= by being a model of Islamic

morals & values
= words, advice
= newspaper, magazine, books,
novels, cartoons, etc.
= all programmes that promote
virtues and goodness, and combat
evil and indecency.

Changing Munkar
He who amongst you sees something
abominable should modify it with the help
of his hand; and if he has not strength
enough to do it, then he should do it with
his tongue, and if he has not strength
enough to do it, even then he should abhor
it from his heart, and that is the least of
faith. (hadith)
101

Whose duty is?

Communal duty

}


(({ ) 104)
And there may spring from you a nation who invite to
goodness, and enjoin right conduct and forbid
indecency. Such are the ones to attain felicity. (3: 104)

Hisba = a task force for changing munkar, combating

corruption, ensuring justice
102

Individual duty



}

)) {(110 (

You are the best of the nations raised up for

(the benefit of) men; you enjoin what is
right and forbid the wrong and believe in
)Allah. (3: 110

103

))71

The Believers, men and women, are
protectors, one of another: they enjoin what
is just, and forbid what is evil: they observe
regular prayers, practice regular charity, and
obey Allah and His Messenger. On them will
Allah pour His Mercy: for Allah is Exalted in
)power, Wise. (9: 71
104

The roles of Al-amru bil

maruf & al-nahyu an almunkar
1-

A constant reminder for Muslims

To help each other to follow the guidance of Allah, and

keep on the right path.

(({ )55)}

And continue to remind, for surely the reminder benefits

the believers. (51: 55)

( 1) }
( 2)
{(3)
I swear by the time, most surely man is in loss, save those
who believe and do good works, and exhort one another to
truth and exhort one another to endurance. (103: 1-3)

105

2-

To safeguard the society against

corruption & evil

A way for:
- Social
- Moral
- Political

106

change

Why should we care about

the society?
To protect our selves & families
"The example of the people abiding by Allah's
order and restrictions in comparison to those who
violate them is like the example of those persons
who drew lots for their seats in a boat. Some of
them got seats in the upper part, and the others in
the lower. When the latter needed water, they had
to go up to bring water (and that troubled the
others)
107

so they said, 'Let us make a hole in our share of the

ship (and get water) saving those who are above
us from troubling them. So, if the people in the
upper part left the others do what they had
suggested, all the people of the ship would be
destroyed, but if they prevented them, both
parties would be safe.(hadith)

People with
good morality
Immoral
people
108

3- To avoid Allahs punishment

}
.(({ )25)


And guard yourselves against a punishment
which cannot fall exclusively on those of you
who are wrongdoers, and know that Allah is
severe in punishment. (8: 25)
109

"By no means, I swear by Allah, you

must enjoin what is good and prohibit
what is evil, prevent the wrongdoer,
bend him into conformity with what is
right, and restrict him to what is
right Or Allah will mingle your hearts
together and curse you as He cursed
them.(hadith)

110

Abu Bakar said:

You people recite this verse "You who
believe, care for yourselves; he who goes
astray cannot harm you when you are
rightly-guided," (5: 10) and put it in its
improper place.
I heard the Prophet (saw) saying: When
people see a wrongdoer and do not
prevent him, Allah will soon punish them
all.
111

4- Salvation of mankind



}

(({ ) 110)

You are the best of the nations raised up

for the benefit of mankind; you enjoin what
is right and forbid the wrong and believe in
Allah. (3: 110)

112

What should we do
if people are not listening?



(164)

()

a group of them said: Why do you preach to a

people whom Allah will destroy or visit with a
terrible punishment?" The preachers said : "To
discharge our duty to our Lord, and perchance
they may fear Him." (7: 164)
113

Is this concept against

personal freedom?
Islam does allow interference in personal affairs

of others.
What if personal affairs are violating the rights
of:

Allah
Society
Individuals?
Personal freedom is always limited
114

 When you commit munkar alone, without violating

the rights of other your personal affairs

When you violate

the rights of others

Commit munkar/

indecency openly

115

- No more personal affairs

- Injure their feeling
- Challenge their religious
& moral responsibility
- Encourage people
to do evil





)) (19(
Those who like to see scandals and
indecency broadcast/ spread among the
believers, will have a grievous penalty in
this life and in the Hereafter. Allah knows,
)and you do not know. (24: 19
116

How it should be practiced?

In an impressive & convincing manner
In a wise way, so that it may not:

- Make people feel offended

- Lead to a greater evil

(( )125)
Invite to the way of the Lord with wisdom and beautiful
preaching; and argue with them in ways that are best
and most gracious; for the Lord knows best, who have
strayed from His path, and who receive guidance. (16:
125)

117

To avoid words-deeds inconsistency

)(

)(2
)(3

O ye who believe! Why say ye that which

ye do not? Grievously odious is it in the
sight of Allah that ye say that which ye do
)not. (61: 2-3
118

Can one punish the offenders?

preventing an offence or evil from

taking place,
stopping it,
and punishing the offender.

119

WEEK 5
FAMILY
ETHICS
120

Meaning of Family Ethics

It means: The relationship between two opposite
genders, masculine and feminine, which is
institutionalized through the legitimate and ethical
contract of marriage.
The family that is established through illegal way,
such as intimate relationship is not recognized by
Shariah (the Islamic Law), and therefore, its
foundation is considered as unethical.
121
121

The Institution of Family in Islam

Family is the basic unit of society, and therefore,

Islam lays great emphasis on the family system

and its ethical values. The basis of family is
marriage through a legal contract. Islam
prescribes rules to regulate family life so that
both the spouses can live in tranquility, security
and love.
Marriage in Islam has aspects of ibadah
(worship) of Allah (God) in the sense that it is in
accordance with His commandments, where a
husband and wife should love and help each
other and rear their children to become true
vicegerents of Allah (God) on earth. Unlike some
other religions that consider celibacy a great
virtue and a means of salvation, Islam considers
marriage to be one of the most virtuous and
approved institutions.
122
122

Family in Islam: Basic Principles

Family as a Divinely-inspired institution

Family and
marriage relationship permeated

with tranquility, love and mercy and has been

described as signs of Gods power and blessings:

(21 : )

"And among His signs is that He has created for
you spouses from among yourselves so that you
may live in tranquility with them; and He has
created love and mercy between you. Verily, in
that are signs for those who reflect."(30:21)
Commended as the way of the Prophet marriage
is part of my Sunnah whoever runs away from
my path, is not from amongst us.

123
123

Faith and family:

Faith constitutes the bedrock for the

institution of the family a Muslim is

not permitted to marry a non-Muslim.
Inheritance is not allowed when both

parties do not share the same faith.

124
124

 Family institution as a social

contract (nikh means aqd

contract, and not a divine contract
in the Qur`n marriage is referred
to ( strong covenant)
The only legitimate way to establish
family is through a proper marriage.
Equality of the sexes

125
125

Measures to Avoid Intimate

Relationship Outside the Bond of
Marriage
1. Prohibition of looking with desire at the
2.
3.
4.
5.

opposite gender.
People should be dressed properly.
Prohibition of excessive beautification
Prohibition of khalwah
Prohibition of boyfriends, girlfriends

126
126

1- Prohibition of looking with desire at

the opposite gender

* ...

(31-30 : ) ...

Say to the believing men that they lower their

looks and guard their private parts; * And say to
the believing women that they lower their looks and
guard their private parts (24: 30-31).
127
127

2- People should be dressed properly

What is a proper dress?
a) It must cover the awrah properly. It is
prohibited for a Muslim to expose his / her awrah
to others, as it is prohibited to look at the awrah
of someone.
A man should not look at the awrah of another
man, nor a woman of a woman, nor should a man
go under one cloth with another man, nor a
woman with another woman. (Hadith)
128

The limits of awrah:

- For a man: from his naval to his knee.
- For a woman:
with respect to a man who is not her
mahram is her entire body except her face
and hands.
with respect to a man who is her
mahram (except the husband) does
not
include the following parts: hair, ears, neck,
upper part of the chest,
arms
and
legs up to knees.
129

- Other parts from the knees to the beginning

of the upper part of the chest are awrah and
should not be exposed before anyone, man
or woman except her husband.
- Headscarf must cover the bosom

...


(31 : )
and do not display their ornaments except
what appears thereof, and let them wear
their head-coverings over their bosoms,
130 and not display their ornaments (24: 31)

b) It must not be transparent, revealing what is

underneath it. In one hadith the Prophet (saw)
says:
Two are the types of the dwellers of Hell whom I
did not see: people having flogs like the tails of
the ox with them and they would be beating
people, and the women who would be dressed
but appear to be naked, who would be inclined
(to evil) and make people incline towards it

131
131

their hair styled like the humps of camels

inclined to one side. They will not enter
Paradise and they would not smell its
odour whereas its odour would be smelt
from such and such distance. (Hadith)
c) It must be loose and not tight-fitting so
as to define the parts of his / her body.
This type of clothes falls under the
previous Hadith dressed but yet naked.
132
132

Tight jeans and other types of trousers worn with

sweaters, sweat-shirts or T-shirts are considered
un-Islamic and it is prohibited for a Muslim woman
to wear them outside even during free time.
d) It should not be specifically designed for the
opposite gender.
The Prophet (saw) cursed women who try to
resemble men and men who try to resemble
women, and prohibited women from wearing mens
clothes and vice versa.
133
133

e) It should not be specifically designed for nonMuslims (as required by their religion, tradition,
or culture). It does not apply to those clothes
which are common among people and dont
carry any religious or cultural specifications.
The Prophet (saw) said: Whoever imitates a
people is one of them. (Hadith)
f) Men should not use gold and pure silk.

134
134

3- Prohibition of excessive beautification

Excessive beautification is that which is used to

tease people and excite them makeup, strong

perfume, and sexy clothes.

(31 : )

and let them not strike their feet so that what they
hide of their ornaments may be known (24: 31)
Any woman who puts perfume and passes by people
to smell her odour is sinful (like one who committed
adultery). (Hadith)
135
135

4- Prohibition of Khalwah
Khalwah means: a man and a woman who are
outside the degree of mahram being alone
together in a place in which there is no fear of
intrusion by anyone else.
The term mahram denotes a relationship either
by close blood ties or by marriage of such
degree that marriage is permanently prohibited.
A mahram is: husband, any male relative with
whom marriage is permanently prohibited
(father, father in-law, grandfather, son, brother,
uncle or nephew).
136
136

Whoever believes in Allah and the Last Day

must never be in privacy with a woman without
there being a mahram (of hers) with her, for
otherwise Satan will be the third person with
them (Hadith)
Beware of entering where women are. A man
from the Ansar asked: O Messenger of Allah,
what about the in-law? He replied: The in-law
is death. (Hadith)
137
137

5- Prohibition of boyfriends, girlfriends

- It is against the prohibition of looking with desire

at the opposite sex

- It entails privacy (khalwah)
- This practice is automatically accompanied by
having romance or even sex.
The alternative for boy / girl-friend
- Khitbah (promise/ informal engagement)
- Marriage contract (formal engagement)
- Consummation of marriage (wedding ceremony)
138
138

Marriage

Criteria of selecting spouses

1- Religion and good character:

One may choose a woman as a wife for the following
reasons or for some of them: her wealth, her family
status, her beauty, and her religion. So you should
marry the religious woman otherwise you will be a
loser. (Hadith)
When someone with whose religion and character
you are satisfied asks for your daughter in marriage,
accede to his request. If you do not do so there will
be corruption and great evil on the earth. (Hadith)
139
139

2- Compatibility:
compatibility in respect of age, lifestyle,
character, way of thinking, social and economic
status, and education should be the second
criterion for selecting a spouse.
3- Realism and moderation in expectations
Both spouses do not have to expect from one
another what they are not able to do. Rather,
they have to be realistic and moderate towards
each other.
140
140

Foundations of marriage contract

1- It must be permanent as humanly as

possible:
Do not divorce women only for genuine
reasons, for Allah does not like those who are
tasters who enjoy one partner for a while
then shift to another, and so on. (Hadith)

141
141

2- Mutual consent: any decision of

marriage should be based on mutual
consent of both sides, husband and wife.
A woman who has been previously married (a
divorced woman) has more rights concerning
her person than her guardian, and a virgin
woman must be consulted about herself, her
consent being her silence. (Hadith)

142
142

A man during the lifetime of the Prophet (saw)

married his daughter, without her consent, to
his nephew only for the sake of improving his
social status. When she complained to the
Prophet (saw) about that, the Prophet (saw)
gave her the choice between endorsing and
rejecting her fathers decision. Then she said:
I endorse what my father had done, but I want
women to know that fathers have no right to
force their daughters to marry without their
consent. (Hadith)
143
143

3- Reasonable dowry:
The most blessed wives are those whose
dowry is affordable. (Hadith)

4- Equal rights and obligations

(228 : )

They have rights similar to those against them

(rights of husband) in a just manner, and the
men are a degree above them (external
authority in the household), and Allah is Mighty,
Wise. (2: 228)

144
144

 Mutual rights and obligations

1. To help each other to follow the right way

and practice Islam and safeguard him / her

against evil and sins.

(6 : )
O you who believe! save yourselves and your
families from a fire whose fuel is people and
stones, over which are set angels strong, severe,
who do not disobey the commands they receive
from Allah, but do what they are commanded.
(66: 6)
145
145

2. To be kind, understanding, forgiving, and

treat the other side in a tender and loving
manner.

" )


: :
.( :
The best of you are those who are the best to
their families, and I am the best to my family.
(Hadith)

3. To meet the psychological and physical

needs of the other side.
146
146

4. Focus on positive aspects and

appreciate them. Avoid focusing on
negative ones and try to tolerate them.
A believer should not hate his wife merely
because she has some negative points. If he finds
some disagreeable things in her character, he will
appreciate a lot of her good morals. (Hadith)

5. Every side has to avoid any extramarital

intimate relationship, or such relations that
may cast suspicion on his/her behaviour.
147
147

Duties towards children

1- Selection of good parents
2- Right to legitimacy: legitimate father and
mother, prohibition of legal adoption: the right of
the child to retain his original familys name and
to know his real parents.
3- Right to life (prohibition of infanticide, abortion)
4- Right to equal life chances (no discrimination
between male and female)
5- Right to general care: material, spiritual, and
educational / intellectual.
148
148

WEEK 6
ISLAMIC VALUES
RELATED TO
DIFFERENT
PROFESSIONS

149

LEGAL ETHICS
Legal ethics are the principles of conduct that
members of the profession are expected to
observe in the practice of law. Legal ethics is
reflected in the following professions:
- Judges
- Public prosecutors
- Lawyers

150
150

JUDGES
Who is the judge?
A Judge is a public officer chosen or elected to
preside over (governe or control) and to administer
the law in a court of justice; one who controls the
proceedings in a courtroom and decides questions
of law or discretion. One who makes a decision or
reaches a conclusion after examining all the factual
evidence presented, or one who forms an opinion
after evaluating the facts and applying the law.
151
151

Who can be qualified as a judge?

- A judge must be a conscientious person who
is self-determined to serve justice and
protect the rights of people.
- A knowledgeable person who has acquired
all the requisites of being a judge.

152
152

 . :



.( : )."
Judges are of three categories: two of them in the
Hell and one in Paradise. The first is one who,
knowingly, judges with injustice, that is in the Hell
Fire. The second is one who is ignorant and judges
among people without knowledge, thus he violates
their rights. He is also in the Hell fire. The third is
one who judges with justice. He will be in
Paradise. (Hadith)
153
153

Ethics and Values of a Judge

1- To judge with justice

What is a just decision?

a- To do ones best to reach a just decision

When a judge gives a decision, having
tried his best to decide correctly and is
right, there are two rewards for him; and if
he gave a judgment after having tried his
best (to arrive at a correct decision) but
erred, there is one reward for him.
154
154

b- To base the decision on the evidence available

You bring to me, for judgment, your disputes
and some of you may be more eloquent in their
plea than others, so I give judgment on their
behalf according to what I hear from them. Bear
in mind that if I slice off anything for him (in my
judgment) from the right of his brother, he
should not accept that, for I sliced off for him a
portion from the Hell.
c- Self satisfaction that this is the right decision
155
155

2- To administer justice without fear or favour

a) Without fear:
-To be a person of principles
- To be independent to avoid all types of
pressure
- To be ready to reverse his wrong decisions
b) Without favour:
- Should not sit in a case in which:
- he has personal interest
- close relatives involved
- Neutral = not influenced by personal enmity
156
156

157

- Fair & equal hearing

When you sit to judge between two litigants,
dont make a decision only after an equal hearing
from both sides.
- Avoid accepting gifts / bribes
Allah cursed the briber and the bribed in making
judgments.
- Should not make a decision when his mind is
confused with anything that may prevent him
from sound thinking.
- Patience; not to misuse his power against litigants
or lawyers.
- To try to get the parties to reconcile whenever
there is a chance for that.
157

PUBLIC PROSECUTOR
Who is a public prosecutor?
A Public Prosecutor is a government official who
conducts criminal prosecutions on behalf of the
state. A prosecutor takes charge of the
investigation once a crime has been committed,
presents evidence at a hearing before a grand
jury, and questions witnesses during the trial.
A public prosecutor has:
- To balance between protecting the rights of the
society & the rights of the accused.
158
158

- To punish people according to the offence

committed.
- To avoid selective prosecution motivated by
personal / political affairs
- To avoid fabricating evidence or accusations
- To avoid suppressing pieces of material evidence
- Not to prosecute in cases where they have
personal affairs, or close relatives involved.
- To avoid bribes

159
159

LAWYERS
Who is a lawyer?
A Lawyer is one whose profession is to give legal
advice and assistance to clients and represent
them in court or in other legal matters. Hence, he
is a person, who through a regular program of
study, is learned in legal matters and has been
licensed to practice his or her profession. Any
qualified person who prosecutes or defends
causes in courts of record or other judicial tribunals
of the state (s), or who renders legal advice or
assistance in relation to any cause or matter.
160
160

a- The idea of advocacy

- Lack of legal skills to defend their rights
- Complicated laws and procedures
b- Advocacy aims at:
- Helping people to get/ defend their rights
- Helping the accused to get a fair trial
- Helping judges to examine cases and reach
just decisions
c- Duties of lawyers:
1- Toward justice & society
2- Towards clients
161
161

1- Lawyers duty toward justice & society:

To secure justice between people:
i. Not to engage himself in tactics that may
defeat the fair administration of justice
ii. Not to hide the truth
iii. Not to fabricate evidence
iv. Not to cross-examine an adverse witness in
such a way to undermine or destroy his true
testimony
v. Not to invoke the rules of evidence to
exclude points that would weigh against his
case which he knows they are true
162
162

2- Duties toward clients:

- To fulfil contracts & promises
- To be honest & sincere in defending them
- To be honest in advising them
- To defend them to the best of his abilities
- No right to drop/ waive any right of his client
without permission
- No admission of guilt on behalf of his client
without authorization
- No disclosure of confidential communications
- To be lenient and helpful towards poor clients
163
163

The Policy of a Muslim Lawyer in Taking

Cases of Court

*

*





*

) (109-105 :


164
164

We have revealed the Book to you with the

truth that you may judge between people by
means of that which Allah has taught you; and
be not an advocate on behalf of those who
betray their trust (treacherous). And seek
forgiveness of Allah. Surely, Allah is ever
Forgiving, Merciful. And do not plead on behalf
of those who deceive themselves; surely Allah
does not love him who is treacherous, sinful.
They seek to hide their crimes from men but
they cannot hide them from Allah. He is with
them when by night they hold discourse
displeasing to Him.
165
165

Allah ever surrounds what they do. These are the

sort of men on whose behalf you may contend in
this world; but who will contend with Allah on
their behalf on the Day of Judgment, or who will
then be their defender? (4: 105-109).
- Unlawful to attempt to conceal the truth
- Unlawful to argue for the innocence of someone
who is clearly guilty

166
166

WEEK 7
BUSINESS
ETHICS
167

Business Ethics

- Who is better: a rich Muslim or a poor Muslim?

- What are the limits of using wealth in Islam?
- What about Zuhd and Qanaa (austerity and

contentment)?

168
168

Wealth in Islam

Islam encourages people to acquire wealth and

live a prosperous life

(168 : )

O you people: eat of what is on the earth, lawful

and good, and do not follow the footsteps of the
evil one. (2: 168)
169
169

- All things created by Allah are for the us to enjoy

them but in a reasonable way

.(60 :)
Eat and drink of the sustenance provided by Allah,
and do no evil nor mischief on the earth. (2: 60)

170
170

The way of enjoying wealth:

(31 : )

O children of Adam! Look to your adornment at every

place of worship, and eat and drink and be not
extravagant; surely He does not love the
extravagant. (7: 31)

171
171



.(77 : )

But seek, with the (wealth) which Allah has

bestowed on thee, the Home of the Hereafter,
nor forget thy portion in this world: but do thou
good, as Allah has been good to thee, and seek
not (occasions for) mischief in the land: for
Allah loves not those who do mischief. (27: 77)
- Dont be extravagant
- Use it to support noble principles & actions/ to secure
a good position on the Day of Judgment
- Do good to others as Allah has done good to you
- Dont use it to create mischief on the earth
172
172

Zuhd (austerity/ asceticism)

- Zuhd is an Islamic value
- Zuhd poverty
- A rich person may be a zahid, while a poor
person may not be zahid
A Zahid is one who puts his wealth in his
hand as a means to
achieve ideals,
ultimate goals, and supportive principles in
this world as well as to prepare himself for
the Hereafter.
173
173

- Begging in Islam is prohibited

The upper hand is better than the lower
one
Qanaa (contentment) is another basic
Islamic value, which means to be happy and
satisfied with what you have after doing your
best to get the best result. Not to look at
things which are not yours.
174
174

The Principle of Halal vs. Haram Ways

of Earning and Spending
Basic facts:
- People will not be questioned on the Day of
Judgment on the amount of wealth they
accumulated. Rather, they will be questioned
how they got it and how they used it.
- Although provision (rizk) is granted by Allah to
people based on their work, it is not an
automatic result of mens work. It is given by the
will of Allah and every one has a limit.
175
175




*


(19-18 : )

Whoever desires this life, We readily grant them such

things as We will, to such person as We will. And
afterward We provided Hell for them; they will burn
therein, disgraced and rejected. * And whoever
desires the hereafter and he strives for it all due
striving, being a believer, they are the ones whose
striving is acceptable to Allah. (Al-Isra: 18-19)
176
176

Points to ponder!
Following haram way will never give you, as
some people may think, an additional portion of
wealth.
And following halal way will not cause you any
loss of your portion of rizk.
- The principle of halal and haram applies as much
to the spending of wealth as it does to its
acquisition.

177
177

?Why some things are haram

) (157 :

He commands them what is good and forbids them

what is evil; he allows them as lawful what is good
and prohibits them from what is bad; he releases
)them from their heavy burdens (7: 157
178
178

- Bad
Individual harm

physical

Social harm

spiritual

- Harmful

definitively
- Conducive to harm
most likely

179
179

Benefits of Halal vs. Evils of Haram

Halal work and the

earnings emanated
there-from are a kind of
ibadah for which a
Muslim will be rewarded
on the Day of
Judgment.

Haram earnings

and spending will

rewarded with a
Punishment on
the Day of
Judgement

180
180

Whatever is spent

out of halal earnings

is considered as
sadaqah (charity)
even what is spent
on ones family

Sadaqah will not

be accepted by
Allah

If anyone earns wealth through haram means

and then gives charity from it, there is no
regard for him and the burden of sin remains
181
181

If a person earns property through haram

means and then gives charity, it will not be
accepted (by Allah); if he spends it, there will be
no blessing on it; and if he leaves it behind (at
his death), it will be his provision in the Fire.
Indeed, Allah (s.w.t.) does not eliminate one bad
deed by another bad deed, but He cancels out a
bad deed by a good deed. An unclean thing
does not wipe away another unclean thing.

182
182

Halal earnings will be

blessed by Allah (swt)

Blessing will be lifted

from it
Rejection of dua

Allah's Messenger (saw) said: 0 people, Allah is

Good and He, therefore, accepts only that which
is good. And Allah commanded the believers as
He commanded the Messengers by saying: O
Messengers, eat of the good things, and do
good deeds; verily I am aware of what you do
(23:51). And He said: 0 those who believe, eat
of the good things that We gave you (2:172)=
183
183

= He then mentioned a person who travels widely,

his hair dishevelled and covered with dust. He lifts
his hands towards the sky and, thus, makes the dua
: O Lord, 0 Lord, whereas his food is unlawful, his
drink is unlawful, and his clothes are unlawful and
his nourishment is unlawful. How can then his dua
be accepted? (Hadith)

Halal earnings will bring

to its possessor peace of
mind and help him to
have a clear conscience

Its possessor will

have always a
guilty conscience

184
184

Aims of Business Ethics in Islam

1- Protecting the rights of the parties

involved in the contract
2- Protecting consumer rights
3- Creating fair competition
4- Protecting the rights of workers
5- Protecting public interest/ funds
6- Leniency/ helping others
185
185

1- Protecting the rights of parties

involved in the contract
a) Mutual consent / agreement
b) To fulfill terms and conditions
(1 : )...
O you who believe! Fulfil your contracts and
obligations (5: 1)
Muslims are bound by all the conditions they
have agreed upon, unless a contract or
conditions is against the principles of Islam in
the way of making something haram as halal
or vice versa.
186
186

2- Protecting Consumer Rights

a) To avoid deception & fraud

The Messenger of Allah (saw) once passed
by a stock of grain. He touched it and felt
moisture inside the stock. He asked the
seller what it was. The merchant said: O
Prophet of Allah it was affected by rain. The
Prophet (saw) said: Then why you did not
place the wet wheat over the rest of the
stock, so people could see it for
themselves. Any one practicing deception
has no relationship with me. (Hadith)
187
187

To avoid selling defective commodities

without informing the buyer about defects
contained in it.
A Muslim is a brother of his fellow Muslim.
It is not lawful for a Muslim to sell such a
commodity that has a defect, except that
the defect is shown to the buyer.

- To avoid false and misleading advertisement

188
188

To give accurate weight and measurement

The description of the weigh or measurement
should match the reality

*

(182-181 : )
Give full measure, and be not of those who give
less than the due. And weigh with the true
balance. (26: 181-182)

189
189

b) To avoid hoarding essential commodities

(ihtikar)
Hoarding means to collect and keep large amounts of
food without offering it in the market in order to
create artificial scarcity to increase the price
dramatically.
This is usually practised in the periods of crises.
Hoarding is a kind of business exploitation of
consumers. Thus, it is strictly prohibited by Islam.
The Prophet (saw) said: One who hoards things for
increasing their prices for Muslims is a wrong
doer. (Hadith)

190

190

c) Prohibition of outbidding
To offer more money than somebody else in order to
unreasonably increase the price without being a
potential buyer
d) The practice of middleman may be prevented to
protect the rights of consumers
- Dwellers of towns may be prevented from selling
the merchandises of farmers/ villagers
- Farmers may be allowed to sell there goods
directly if it is necessary
The Messenger of Allah forbade the selling of things
by a town dweller on behalf of a countryside dweller
(farmer); and similarly Najash was forbidden.
191
191

3- Fair Competition

a) To avoid misleading advertisement

b) Avoid giving bribes

) : (.
Allah cursed the briber and the bribed in making
judgments.



) .(188 :
And do not eat up your property among yourselves
by false means, neither seek to gain access thereby
to the judges, so that you may eat up a part of the
)property of others wrongfully. (2: 188
192
192

To get advantage / Privilege

Escape due punishment
Take the rights of others

c) To balance between competitiveness and cooperation

d) To avoid entering in a transaction another
person has already entered into
Ibn Umar reported Allah's Messenger (saws)
as having said: A person should not enter..=
193
193

= into a transaction when his brother had already

entered into but not finalized, and he should
not make proposal of marriage upon the
proposal already made by his brother, until he
permits it. (Muslim)
and a woman should not ask the divorce
of her sister in order to deprive her of what
belongs to her. (Muslim)

194
194

4- Protecting the Rights of Workers

Wages and the specification of the work must be

clarified and agreed upon before starting the
work.
Wages are to be determined by mutual consent.
A worker is entitled to a fair and just wage for his
work.
The employee must perform his duties efficiently
and honestly and the employer must pay him his
full wages.
Wages should be paid without any delay

.( :" )
"

Give the laborer his wage before his
perspiration be dry. (Ibn Majah)
-

195
195

5- Protecting Public Interest / Funds

a) Fair recruitment practices
To avoid discrimination, nepotism, and cronyism
An office or a post is a divine trust and,
therefore, it should be offered only to the
deserving persons. Responsibility should be
given only to the person who is able to shoulder
it and who has the capability to do justice to the
trust placed in him.

196
196

The Prophet (saw) said: whoever has

appointed an administrator through nepotism
while there was one who was more suitable to
this position than that person, then he has
committed misappropriation against Allah and
His Messenger and all the Muslims. (Hadith)
b) To avoid misappropriation of public funds
The Prophet (saw) said: Whomsoever we have
given some post and he has concealed a
needle or a thing smaller than that, then it will
be a misappropriated thing with which he will
have to appear on the Day of Judgment.
(Hadith - Muslim)
197
197

C- To avoid haram transactions

i. Riba

*

.(279-278 : )

O you who believe! Fear Allah, and give up what

remains of your demand for riba (usury), if you are
indeed believers. And if you do not, then be warned of
war against you from Allah and His messenger. And if
you repent, then you shall have your capital; neither
shall you make the debtor suffer loss, nor shall you be
made to suffer loss. (2: 278-279)

ii. Dealing in haram commodities

198

198

6- Lenency

" :

" ) : (.
May Allah bless the person who behaves leniently
while buying, while selling, and while collecting his
dues.

).(280 :
If the debtor is in a difficulty, grant him time till it is
easy for him to repay. And if you remit it by way of
charity, that is best for you if you only knew (the
)generous reward for this). (2: 280

199
199

WEEK 8
INTERPERSONAL
RELATIONS
200

General rights of a Muslim

over his fellow Muslims
Six are the rights of a Muslim over another
Muslim:
1. When you meet him, offer him salam;
2. When he invites you to a feast accept it.
3. When he seeks your counsel give him;
4. When he sneezes and says: alhamdulillah,
you say Yarhamuka Allah (may Allah show
mercy to you);
5. When he falls ill visit him; and
6. When he dies follow his funeral.
201
201

Behavior Towards Co-Workers

1- Cooperation:
they have to work in collaboration with each
other in good faith for the best interests of their
institution and the community as a whole.

(2 : )
nd help one another in goodness and piety,
A
and do not help one another in sin and
aggression. (5: 2)
202
202

2- Mutual respect and avoiding interference in

others personal affairs / respect their right to
privacy.
It is a sign of sincere faith to avoid interfering in
what does not concern you
3- To share knowledge and experience with others.
- It is the duty of a senior worker to pass his
knowledge and experience to his juniors.

203
203

- The motto of encouraging people to share

knowledge and experience, is made by Islam as

a continuous charity.

When a person dies he is completely cut off

except from three things: (1) A running charity;
(2) Knowledge that he had taught and remains
put to good use; and (3) Virtuous progeny
praying Allah for him.
- It is also the duty of the new inexperienced

workers to learn for their seniors.

(43 : )

Ask those who are knowledgeable if you dont

know (16: 43)

204
204

Behaviour Toward the Superiors

1 - To obey them and observe the rule of law

(59 : )
O you who believe! Obey Allah and obey the
Messenger and those in authority from among
you. (4: 59)
There is no submission in matters involving
God's disobedience or displeasure. Submission
is obligatory only in what is good (and
reasonable).
205
205

2 - To give them advice

" :
"

) (.
Religion is to give honest advice for
Allah, His Book, and His Prophet and
to Muslim leaders and public.

206
206

Behaviour Towards Subordinates

1-Consultation (shura) and getting feedback:
(159 : )


So pardon them and ask forgiveness for them
and consult with them upon the conduct of
affairs... (3: 159)


(38 : )
And those who answer the call of their Lord and
establish worship, and whose affairs are a matter
of counsel, and who spend of what We have
bestowed on them. (42: 38)
207
207

2- To be kind and lenient with them

" :

" ) (.
O Allah, who (happens to) acquire some
kind of control over the affairs of my people
and is hard upon them-be hard upon him,
and who (happens to) acquire some kind of
control over the affairs of my people and is
kind to them-be kind to him.

208
208

3- To serve them honestly and sincerely

" :
"

A ruler who, having obtained control over the
affairs of the Muslims, does not strive for their
betterment and does not serve them sincerely
shall not enter Paradise with them.

4- Respect for their opinions and beliefs

209
209

Behaviour Toward Neighbours

Allah's Messenger (saw) said: Jibril kept
impressing upon me kind treatment towards the
neighbour that I thought as if he would confer
upon him the right of inheritance.
1- To avoid causing them any kind of harm

: " )

.(
Abu Huraira narrated that the Messenger of
Allah (saw) observed: He who does not secure
his neighbour from his wrongful conduct, will not
enter Paradise. (Hadith)

210
210

2- To help and be kind to them

The Messenger of Allah (saw) said: He who
believes in Allah and the Last Day should either
utter good words or better keep silent; and he
who believes in Allah and the Last Day
should treat his neighbour with kindness
and he who believes in Allah and the Last Day
should show hospitality to his guest.

211
211












) (36 :


Worship Allah, and join not any partners with
Him; and do good to: parents, kinsfolk, orphans,
those in need, neighbours who are near,
neighbours who are strangers, the companion
by your side, the wayfarer (you meet), and what
your right hands possess, for Allah does not like
the arrogant, the vainglorious (4:36).
212
212

") : (

)Abu Dharr reported Allahs Messenger (saw
commanded me that: whenever you prepare
a broth (meat soup), add water to it, and
have in your mind the members of the
household of your neighbours and then give
them out of this with courtesy.
213
213

Ethics in the Domain of Politics

How should a Muslim, who is participating in politics,
behave towards his opponents and those who belong to
different political parties and groups?
How can we balance between keeping political plurality
(which is a reality and may be a necessary tool for
maintaining balance between different centres of power in
the society) and cooperation between different parties
and groups for the mutual benefit (the benefit of the
country)?

214
214

Ethnic Relation in Islam:

Basic Principles
Humanity

lives today in a global

village, where no people or nation can
live in isolation from and indifferent to
what goes on elsewhere. Our world is so
interdependent and so interrelated that
peaceful dialogue has become an
imperative. The basic principles of
constructing good foundations for ethnic
relation in Islam are:

215
215

1. Faith in the One Universal God

2. Allah is One and is impartial toward His creation.
He provides for all, including those who reject
faith in Him or even those who defy Him.
3. Unity and universality of the core teachings of
all prophets (PBUT)
4. Universal human dignity.
5. Necessity of Islamic Dawah
6. No coercion in religion
216
216

A Case Study of Ethnic Relations:

Malaysian Constitution
Malaysia is a multi-racial country
consisting of Malay, Chinese, Indian and
other minor races. No doubt, this multiracial society enjoys multi- racial cultures,
religions and ways of life. Some differences
sometimes may easily lead to conflicts like
what has happened in 13th May 1969, and
Kampung Medan tragedy in 6 March 2001.

217
217

Challenges
Differences and conflicts of interests among
ethnic groups:
a. Social
i. separation of living places - Malay in rural areas,
Chinese in towns and Indian - estates
ii. separation in education system every ethnic
group has its own system.
b. Economic
i. Differences in working sectors
ii. The domination of economic sectors
218
218

c. Political:
Racial politics voices of their ethnics
strengthening and bolding the racial
sentiments. (ex. UMNO for Malay, MCA for
Chinese and MIC for Indian

d. Religious, language and cultural:

The differences in these values lead to:
1. Racial interests choosing friends, jobs
and
living partners;
2. Polarization between ethnic groups.
219
219

Solution

220

Islam, the official religion of this country as

stated in the constitution, accommodates the
needs of every ethnic group without
discriminating their rights and values. The core
teachings of Islam, which are universal in
nature, are against the compulsion on other
religions. Therefore, Islamic teachings construct
the basic foundations for a multi-racial and
multi-religious country, i.e., Malaysia. The first
Islamic constitution drafted by the Prophet
(peace be upon him), Sahifah Madinah
reflected a just, liberal and caring Islamic stand
toward other ethnics.
220

Among the details regarding non-Muslims in the

constitutions are:
Every Muslim and non-Muslim is responsible
for defending and protecting the country. They
are not allowed to help the enemy of Islam.
They are given citizenship and their security is
protected.
Every citizen should be treated justly and
helped.
Freedom of religion
Every individual or group has his / its own right
and it should not be transgressed.
221
221

Dealing with Different Ethnic Groups:

Some Quranic and Prophetic
Illustrations
1. Good social interaction
In Surah al-Mumtahanah (60: 8-9), Allah says:

*





) (9-8 :
222
222

Allah

forbids you not, with regard to

those who fight you not for (your) Faith
nor drive you out of your homes, from
dealing kindly and justly with them: for
Allah loveth those who are just. * Allah
only forbids you, with regard to those who
fight you for (your) Faith, and drive you out
of your homes, and support (others) in
driving you out, from turning to them (for
friendship and protection). It is such as turn
to them (in these circumstances), that do
wrong. (al-Mumtahinah: 8-9)

223
223

2. Uphold the rights of a neighbor

The
Prophet
(p.b.u.h.)
said:
Neighbor is of three types: (1) enjoy
one right which is non-Muslim (right
of neighbor); (2) enjoy two rights
which is Muslim (right of neighbor
and right as a Muslim); and (3) enjoy
three rights which is relatives ( rights
of neighbor, of Muslim, and of
relatives) (Hadith)
224
224

3. Respect the others non

Muslims.
Once a dead body was being brought in
front of the Prophet (p.b.u.h.), and the
Prophet stood to respect. Then he was told
that the body belonged to a Jewish. He
replied, Is it not a body (jasad).

4. Communicating with Hikmah

(46 : )


Do not argue with the people of the book
except with the best (hikmah) (29: 46)
225
225

Pay them a visit if they are

sick.
It is reported that the Prophet
(p.b.u.h.) was not only used to
visit non-Muslims if they were
sick, but more than that, he was
normally the first to do so.

5.

226
226

Prospect
With the principles of respecting
each other, knowing ones rights
and privileges, besides a strong
urge from all religions for people to
unite and be tolerant. The unity
among ethnic groups is not a myth,
rather, it is a reality with real and
ultimate ethical values.
227
227

Ethics in the Domain of Politics

The concept of government
Trust vs. opportunism & misuse of power
The notion of government / central authority is
based on the principles of:
- Delegation: People elected / selected to
public offices are delegated by the community.
- Trust: they are entrusted with that task to
serve the interests of the community.

228
228

The challenge here is: How can we make

ourselves transform these principles from
theory to practice to avoid opportunism and
dictatorship?
The concept of opposition
Right to change vs. cooperation
- To monitor the activities of the government
= Cooperate in good and beneficial matters
= Criticize what is seen to be wrong and bad
229
229

Ethical conditions of
opposition / criticism
-

Based on established facts not on mere

suspicions and accusations
Constructive: to change something
wrong, not for the sake of survival
The critic should be convinced of the
moral uprightness of his opinion
To avoid distortion of facts and sayings

230
230

Dictatorial Behaviour
Causes:
-

Considering oneself to be a gifted person with

the best opinions and ability understanding
Self-seeking, egocentrism

Effects:
-

Forcing opinions on others regardless of their

worth
Rejecting all kinds of advice / criticism
Preventing people from expressing their views
and opinions

231
231

Rejection of Criticism
- Criticism

= challenge humiliation
False pride & dignity

- Criticism = advice
- Helps us to correct our mistakes
- Strengthen our character
- Improve our performance
232
232

WEEK 9
Fiqh & Shari
ah

Definition and differences between

fiqh and shariah
Definition
Fiqh:
Literal meaning:
- Understanding (al-fahm)
- Profound and correct understanding
Technical meaning:
1- General meaning (early stage)
- A persons knowledge of his rights and duties
234

2- Later definition (separation of sciences)

The knowledge of detailed shari akham
(legal rules) pertaining to conduct derived
from their specific evidences

235

Shari ah

A comprehensive term which include both

fiqh (Islamic law) and tenets.
It includes all texts, teachings and principles
Beliefs + Law + ethics

Shari ah

Fiqh

- Wider
- Source = Divine

- Narrower
- Divine + Sunnah +
Human endeavor
- Some parts may
change

- Immutable
236

Madhahib Fiqhiyyah
(Schools of Islamic legal thought)
The emergence of madhahib fiqhiyyah is the result
of practising ijtihad

What is ijtihad?
- Interpretation of texts
- Deduction of ahkam (legal rulings) on new
incidents
237

Why ijtihad is needed?

- Texts which impart more than one meaning
=
imply more than one interpretation
- Texts are limited in number while new
incidents are unlimited in number
- A lot of texts are in the form of general rules
and principles to embrace new incidents.
238

History of ijtihad
1- Ijtihad in the era of revelation
- The main source of law was Revelation (the
Quran)
- Sunnah as an inspiration and guidance
from Allah to His Messenger
- Ijtihad of the Prophet in interpreting and
applying the texts of the Quran

239

- Ijtihad of Sahabah
= limited
= Corrected by the Prophet or
revelation
= If they disagree on any issue they
refer it the Prophet and his decision
is final

240

2- Ijtihad in the era of Sahabah

- The scope of ijtihad widened = new
incidents:
= Expansion of Muslim state = new people,
new customs and traditions
= Development of life = new challenges
- The result of this ijtihad:
= Agreement = ijma (consensus of opinions)
= Disagreement = no higher authority to
make a final ruling and unite all opinions
241

That was the seed of madhahib fiqhiyyah

3- Ijtihad after the era of Sahabah
More developments in social, economic and
intellectual life = the scope of ijtihad became
wider and wider
Mujtahids (scholars who are specialized in
religious studies and mastered it) developed
their methods of ijtihad
Madhahib shaped and developed
242

What is a madh-hab?
First stage: emergence
A scholars approach of ijtihad =
rules and principles of interpretation
+ legal views and opinions
The last stage: development
The sum total of the scholars legal rulings
as well as the rulings of his students and
that of all the scholars who adhered to
their approach of ijtihad.
243

Mujtahid = rules of interpretation + legal opinions

Students = adopt his approach + narrate & record his
legal opinions + spread those opinions + enrich them
Those who adhere to his methodology of ijtihad = spread
the madh-hab + enrich it +formalize the madh-hab

244

How many madhahib are there?

- In the first sense of madh-hab
There were many madhahib
- But those madhahib of Sunni school which
continued to exist and established themselves
are four.
- The reason behind this continuation is mainly
because of the number and the role of students
and followers
245

Sunni Schools:
1- The Hanafi madh-hab
2- The Maliki madh-hab
3- The Shafii madh-hab
4- The Hanbali madh-hab

Shii schools:
- The Zidi madh-hab
- Imami/ Jafari madh-hab

246

WEEK 10
Maqasid al- shariah and
preservation of basic rights

The objectives of Shari ah (maqasid alShariah)

(Islamic criterion for measuring human
needs )
The main objectives of the shariah are of two
types:
1- To secure the interest of mankind that
pertains to Hereafter,
2- To secure the interest of mankind
pertaining to this world.

248

Who is to determine what is in mans

interest?
- The law giver (Allah & His Messenger)

- Human reason (in light of texts,

general principles = should not contradict or
violate the texts the general principles)

249

Classification of interest pertaining to its

compliance with Shariah
= (Criterion for evaluating the acceptance of
interest)
1- Acknowledged interest (al-maslahah al-mutabarah):
- Explicitly
- Implicitly = new interest which may be related to
this type of interest

250

2- Rejected interest (al-maslahah al-mulghah):

- Explicitly
- Implicitly = what may be considered by
some people as interest but which is in
contradiction with the texts and
principles, or
which may violate the objectives of
shariah.

251

The criterion for evaluating the importance of

interest
(for the existence and preservation of human
life)
1- The essentials/ necessities (al-Daruriyyat):
Basic requirements to the survival and spiritual wellbeing of individuals and societies
Their destruction lead to seriously affecting human
life (basic human rights), demise of normal order,
chaos in the society
252

2- The needs/ exigencies (al-Hajiyyat):

Those interests which are needed to:
- support necessities
- remove severity and hardship
Their absence does not impose a threat to the
very survival of normal order and basic human
rights
3- The complementary interests (al-Tahsiniyyat):

To attain perfection and refinement in human life

253

= The relation between the three categories:

Each outer shell forms a supportive and protective
boundary for the inner shell.

The basic rights:

1- Religion (al-Din)
2- Life (al-hayah)
3-Intellect/ reason (al-aql)
4- Lineage (al-nasab)
5- Property/ wealth (al-mal)

254

= The benefit of this classification:

- To resolve any conflict between these different
categories of interest
- The rules of conflict and priority:
1- The stronger interest shall prevail:
Although all the necessities should be observed,
promoted and protected, in case of conflict they
should be taken in the order in which they are
stated:

255

- Daruriyyat have priority over the hajiyyat, which in

turn have priority over the tahsiniyyat.
- Din has precedence over life (jihad);
- Religion # intellect = freedom of thinking
- Religion # property = spending/ haram wealth
- Life has precedence over nasl (abortion);
- life has precedence over aql (drinking wine, drugs
for medical purposes);
- aql has precedence over wealth (education) ...etc.

256

Legal maxims which govern this rule

1. Committing the lesser of two harms.
2. Necessity dictates exception/ necessity overrules
prohibition.
3. That which became permissible by necessity is
estimated by the extent thereof.
4. Avoiding harm is prior to acquiring benefit.

257

2- The public interest is prior to the

private:
Legal maxim: Committing a specific
harm for the sake of preventing a
general harm
- Taking preventive measures against
people who are carrying transmitted
diseases;
- Punishments;
- Preventing unqualified professional from
practising;
- Prohibition of hoarding
258

How shari ah preserves the five

basic rights?
1- Affirmative measures = Establishment +

maintenance (obligations, recommendations,

permissible)
2- Protective measures = Prohibition + punishment

259

1- Religion:
Affirmative measures:
- Establishment: Revelation
- Maintenance: Continuous practice, dawah/
al-amru bil mruf
Protective measures:
a) Against insiders: Punishment for neglecting
religious obligations and apostasy,
preventing evil

260

b) Against outsiders: Defending religion

intellectually, power and independence,
Jihad

2- Life:
Affirmative measures:
- Establishment: Creation, marriage
- Maintenance: Providing sustenance,
maintaining good health

261

Protective measures:
- Prohibition of any attack on human life without
legal justification (homicide, suicide, injuries)
+ Qisas

3- Lineage:
Affirmative measures:
- Establishment: Marriage
- Maintenance: Establishment of family +
responsibilities towards children

262

Protective measures:
a) Against its discontinuity (demise): Prohibition of
abortion, sterilization, celibacy
b) Against its confusion:
Prohibition of adultery, false accusation, surrogate
motherhood and surrogated fatherhood

263

4- Intellect:
Affirmative measures:
- Establishment: Created by Allah
- Maintenance: Education and pursuit of knowledge

Protective measures:
Prohibition of intoxicants, drugs, prohibition of
believing in superstitions

264

5- Property/ wealth:
Affirmative measures:
Bounties given by Allah
Permission of trade and conducting business,
private ownership
Protective measures:
Prohibition of violating the property of other,
extravagance, theft, misappropriation

265

WEEK 11
CONTEMPORARY
ISSUES

Family planning
Birth control
The use of birth control methods to choose the
number and timing of children born into a family
1. To limit the number of children to a very small
number
2. To distance the occurrences of pregnancies for a
specific period of time
3. To eliminate the possibility of having children
267

1. To limit the number of children to a

very small number
VIEWS (SEEM TO) DISCOURAGE:
A- Islam encourages people to have children.
i) To marry fertile spouse:
Marry women who are loving and fertile (child-bearing),
for I shall outnumber the peoples by you.
ii) Rejection of celibacy: I pray and I sleep; I fast and I
break my fast; and I marry women. Whoever turns
away from my way of life is not from me.

268

B- Allah has warned about killing ones children

out of fear of poverty.
(151 : )
Kill not your children because of poverty - We
provide sustenance for you and for them" (6: 151)


(31 : )
And kill not your children for fear of poverty. We shall
provide for them as well as for you. Surely, the killing
of them is a great sin" (17: 31)

269

C- The Prophet (saw) said about contraception:

There is no harm if you do not do that,
because the birth of the child is something preordained.
D- The Prophet (saw) said on 'azl
(contraception): That is the secret way of
burying alive.
E- It is exploited by anti-Muslims to reduce
their population.

270

2. To control the timing of births with

the intent of distancing the
occurrences of pregnancy

Contraception:
A way of avoiding pregnancy temporarily,
using either artificial methods such as
condoms and birth-control pills or natural
methods such as avoiding sex during the
womans known fertile periods.

271

1- One form of contraception was practised

during the time of the Prophet (saw) while the
Quran was being revealed but neither the
Quran nor the Prophet (saw) prohibited it.
Jabir reported: We used to practise 'azl
(withdrawing the male sexual organ before
emission of semen to avoid conception)
during the lifetime of Allah's Messenger (saw).
The news of this practice reached Allah's
Messenger (saw), and he did not forbid us.
272

- When 'azl was mentioned in the presence of Allah's

messenger (saw) he said: Why do you practise it?
They said: There is a man whose wife has to suckle
the child, and if that person has a sexual intercourse
with her she may conceive which he does not like,
and there is another person who has a slave-girl and
he has a sexual intercourse with her, but he does not
like her to have conception so that she may not
become Umm Walad, whereupon the Prophet (saw)
said: There is no harm if you do not do that, because
the birth of the child is something pre-ordained.

273

2- The Messenger of Allah said: I intended to

prohibit cohabitation with the suckling women
to avoid pregnancy within suckling period, but
I considered the Greeks and Persians, and
saw that they used to cohabit with their
suckling wives and that did not harm their
children. Then they asked him about 'azl,
whereupon he said. That is the secret way of
burying alive.

274

Conclusion:
The Prophet (saw) did not prohibit contraception
but he did not encourage it.
- It would be lawful for a couple to use
contraceptive methods if they opt for it,
provided that:
- It does not involve pregnancy termination.
- It should not be made as a general policy of a
Muslim community as it may be exploited by
anti-Muslims to affect Muslim communities and
turn them to minorities.
275

- It should not be imposed on anyone

by anyone, as it is the absolute right
of everyone to have children.
- It should be practised only with the
consent of both sides; husband and
wife.

276

3. To eliminate the possibility of

having children
Surgical contraception (sterilization):
1. Vasectomy is a surgical procedure leading to
the sterilization of man. It is a procedure that
involves cutting, tying and sealing both the
tubes running sperm from testicles to the
urethra and penis.
It is a way to prevent ejaculation permanently.

277

2. For women, oviducts (tubes that run eggs)

are surgically cut and sealed, preventing an
egg from reaching the womb or from even
coming in contact with sperm but allowing
ovulation to continue.
It is a way to prevent pregnancy permanently
for women.

278

Rulings on Sterilization:
Sterilization is not lawful in Islam. It
against one of the main objectives
creating the two different sexes; that is
have children and cause the continuation
human race.

279

is
of
to
of

"



) : (.
Sa'd b. Abi Waqqas says: the idea of 'Uthman
b. Madh'un for living in celibacy was rejected
by the Prophet (saw), and if he had been given
permission they would have got themselves
castrated (sterilized).

280

Abdullah b. Umar said: We used to participate in

jihad with the Prophet (saw) and we had no
wives with us. So we said (to the Prophet). Shall
we castrate (sterilize) ourselves? But the
Prophet forbade us to do that and after that he
allowed us to marry a woman by giving her even
a garment, and then he recited: O you who
believe! Do not make unlawful the good things
which Allah has made lawful for you.

281

It may practised under cases of necessity

- When pregnancy becomes dangerous to the
mothers life (determined by trustworthyMuslim doctors) and when other alternatives
of contraception have been exhausted
without being effective.
- Marriage for tow persons infected with AIDS,
HIV.

282

Human reproduction methods

1- In vitro fertilization/ IVF (test tube babies)
- This is a method of assisted reproduction in
which the mans sperm and womans egg are
taken and then combined in a laboratory dish,
where fertilization occurs.
The resulting pre-embryo is then transferred
to the womans uterus.

283

This practice is lawful only when it involves a :

a. Married couple while

b. The marriage contract is still valid, and
c. Necessary measures are taken to prevent
any manipulation of this practice to avoid any
lineage confusion.

284

2- Artificial insemination
A method of inducing pregnancy in a
female mammal by injecting sperm into
the womb.
This would be lawful if:

- If the sperm is taken from the legal husband

- In a continuing marital life
But if the sperm used is from a third party or one
who is not a legal husband or from the husband
but after divorce or his death, it will be prohibited.
285

3- Surrogacy
Surrogate: Taking place of somebody or
something else.
Surrogate mother:
A woman who bears a child for a couple,
with the intention of handing it over at
birth. She usually either is artificially
inseminated by the man or implanted with
a fertilized egg from the woman.
286

1- The sperm and the egg are taken respectively

from a legitimate husband and wife. The egg
fertilized and then implanted in the womb of
another woman who is not the wife of that man.
(Uterus)
2- The sperm is taken from the legitimate husband
but the egg is taken from another woman who is
not his legal wife. The egg is fertilized and then
implanted in the womb of his legal wife. (Egg)

287

3- The sperm is taken from the legitimate husband but the

egg is taken from another woman who is not his legal
wife. The egg is fertilized and then implanted in the womb
of the same woman from whom the egg was taken. (Egg
+ uterus same woman)
4- The sperm is taken from the legitimate husband but the
egg is taken from another woman who is not his legal
wife. The egg is fertilized and then implanted in the womb
of a third woman. (Egg + uterus different women)
- These four forms are haram because in each case a third
party who is not a legitimate wife is involved.

288

5- The sperm is taken from a husband who have

more than one wife. The egg is taken from one
wife. After fertilizing the egg the pre-embryo is
implanted in the womb of the second wife.
Regarding this case, most of Muslim scholars believe
it is unlawful also. Although the sperm is not strange
to the womb since it is the womb of his second wife,
but the egg is a stranger because it is from another
woman.
Another objection is that the woman who is bearing the
embryo may conceive from her husband using her
own egg whereas the embryo implanted may fail to
develop and this may lead to confusion: to whom the
foetus belongs?
289

- Marital life is limited to its legitimate parties.

Any practice that may involve any third party

(either a man or a woman) in any form
(whether in the form of semen, an ovum, an
embryo, or a womb) is unlawful.
- Any interference to violate the contract of
marriage by introducing any third party (male
or female) by a normal way or a biomedical
technique is violation of Islamic law. Thus, it is
forbidden.
290

- Blood relationship is the fundamental basis of

marriage and inheritance in Islam. Any practice
that may undermine the family ties or create
lineage confusion is forbidden.
- Destruction of the concept of motherhood
- Weakening familial relations

- Confusion in lineage

291

Remedies for barren (infertile) couples

1- Using artificial techniques of fertilization
2- Foster parenting

292

WEEK 12
ADOPTION, ABORTION
AND PLASTIC SURGERY

Adoption

294

Abortion
The expulsion of the products of pregnancy
before the foetus is viable. Any interruption of
human pregnancy prior to the 28 th week (6
months) is known as Abortion.

Miscarriage:
This term is used for the delivery of a nonviable
embryo or foetus due to foetal or maternal
factors.

295

Induced Abortion
This is made by an elective decision to
terminate the pregnancy through the ways
and means available.
- If the induced abortion is performed to prevent
the health or life of the mother, it is called
therapeutic abortion.

296

Abortion: lawful or haram?

1- After quickening (the soul breathed in the body)
- Prohibited
- When quickening takes place?
After 120 days
After 40 days

297

2- Before quickening (40 days/120)

- Few scholars: Permissible
- Few scholars: Reprehensible
- The majority: Prohibited only for justifiable
reasons (rape, incest, genetic diseases)
Why prohibited?
- Assault against human life
- Harmful (mentally, emotionally, physically)
- Ethical impact: Encourage adultery especially
among teens.
298

Plastic surgery
The surgical speciality concerned with the
treatment of structural deformity and
disfigurement. It is also involved with the
enhancement of the appearance of a person
(beauty).
a) Cosmetic surgery
b) Reconstructive surgery

299

a) Cosmetic surgery:
Performed to reshape normal structures of the
body to improve the persons appearance.
Like facelift (a medical operation in which the
skin of a persons face is tightened in order to
make them look younger) and attempts to
reverse the signs of ageing, and surgery of
breasts (to increase or decrease the size of
the breasts).

300

Abdullah reported that Allah had cursed those

women who tattoo and who have themselves
tattooed, those who pluck hair from their
faces and who have their facial hair plucked,
and those who make spaces between their
teeth for beautification changing what Allah
has created.

301

- Excessive beautification
- Entails deception
- Changing creation of Allah
- Entails dissatisfaction with ones creation
- Pride and show-off
- Not needed/ no harm to be removed
- Concentration on carnal beauty
- Wasting of money

302

b) Reconstructive surgery:
Performed on abnormal structures of the body
caused by:
- Congenital defects (defects that exist since or
before birth): Abnormally turned-out lips, split
lips, twisted fingers or toes...etc.
- Developmental abnormalities: Tumours (a
mass of cells growing in or on a part of the
body where they should not, deformed
teethetc.
- Injuries: Scars left by leprosy or other skin
diseases, or scars caused by accidents and
burnsetc.
303

This type of surgery may be permitted because

these faults and scars usually cause physical
and psychological pain to the person inflicted
with them. Moreover, operating on them is not
considered to be changing the creation of
Allah.

304

WEEK 13
Euthanasia
Organ transplantation
Transsexual

Euthanasia (mercy killing)

People involved:
- A patient in a persistent vegetative state who
is awake but is not aware of self or the
environment.
- Patient in terminal illness who may or may not
be subject to life-support machine.
- People suffering from great pain.

306

Types of Euthanasia:
a) Active Euthanasia:
An act of commission by taking action that
leads to death, e.g. a lethal injection.
b) Passive Euthanasia:
- Letting a person die by taking no action to
maintain his life, like stopping giving
medications to one whose life is dependent
on it.
- Withholding medical or surgical procedures
and life-support systems.
307

Organ Donation and Transplantation

Legal justification
Against:
Violation of human body/ dignity
In favour:
- And if anyone saved a life it would be as if he saved
the lives of all mankind. (5: 32)
- Charity
- Necessity dictates exception
- Choice of the lesser evil if both cant be avoided
- Prohibition of sale or exchange
308

Organs Donated:
1- Primary organs essential for life
Heart , brain
Brain stem death keeping some organs
functioning
2- Secondary organs essential for life
- Two: Kidneys, lungs
- One: Liver
3- Secondary organs, not essential for life
- Irreplaceable: Hands, ears, nose, legs, eyes,
etc.
309

4- Other parts of the body

- Replaceable: Blood, skin, other tissues
5- Organs involved in reproduction
Testicles, ovary, womb

The donor
1- Animals: Lawful, unlawful
2- Humans:
- Miscarried foetuses
- Aborted foetuses
310

- Children/ minors/ under guardianship

- Adults:
- Living
- Dead:
- Explicit acceptance or
rejection
- No will

311

Transsexual
Transsexual(ity):
Refers to people who have a compelling
sense that their gender identity is not in
conformity with the physiological or
biological sex they are born with. This
may lead some to seek gender (or sex)
reassignment surgery to make her/his
biological or physiological sex
correspond to her/his gender identity.

312

Transsexuality can be addressed through three

similar phenomena:
1. Hermaphrodite:
An
abnormal
individual
especially among the higher vertebrates having
both male and female reproductive organs
2. Homosexuality: Atypical sexuality characterized
by manifestation of sexual desire toward a
member of one's own sex
3. Transvestitism: The practice of adopting the
dress, the manner, and frequently the sexual
role of the opposite sex

313

Islamic perspective:
The Prophet cursed men who

imitated women and women who

imitated men.
He is also reported to have said

Allah has cursed the woman who

wears the cloth of men and the man
who wears the cloth of women".
314

It is not based on our desire to change

our sex whenever we like.
Thus, permission is only granted to
those hermaphrodites.

315

WEEK 14
ISLAMIC
FINANCIAL
MARKET

Basics:
- Prohibition of riba (usury/ interest)
- Prohibition of gambling
- Prohibition of involvement in prohibited commodities
(production, sale, buy)
- Avoidance of al-Gharar (ambiguities, uncertainty)
317

- Risk-sharing or help
If you want to get profit in this life you have to

accept risk-sharing
If you want to get profit in the second life you

help the needy through al-qardh al-hassan

== Application of all transactions which dont entail
the above-mentioned prohibitions
- Islamic banking business runs on the basis of
commercial and trading principles.
318

Islamic Financial Markets Vs.

Conventional Financial Markets
Are Islamic financial markets purely
Islamic?
- Islamic financial markets are working in similar
fashion with conventional markets
- The difference in experience (IFM is still new)
- The local as well as international FM is set and
dominated by conventional FM

319

- Islamic FM is a small part in a gigantic system/

limited area for manoeuvering
Create an Islamic or Islamic-like versions of
current transactions in conventional FM
- Lack of sincerity / exploiting religious sentiments
for the sake of making profit.

320

- Deposits / Accounts
- Money transfer
- Loans

321

Credit Card
A small plastic card issued to users of the credit
system after approval from a provider (bank), in
which they will be able to make purchases from
merchants supporting that credit card up to a
prenegotiated credit limit.
When a purchase is made, the credit card user
indicates their consent to pay, usually by signing
a receipt.

322

- Some services can be paid for over the

telephone by credit card merely by quoting the
credit card number, and they can be used in a
similar manner to pay for purchases from online
vendors. (card not present" transactions)
- Each month, the credit card user is sent a
statement indicating the purchases undertaken
with the card, and the total amount owing.
- The cardholder must then pay a minimum
proportion of the bill by a due date, or pay the
entire amount owing.
323

Secured Credit Cards

- A secured credit card is a special type of credit

card in which you must first put down a deposit
between 100% and 150% of the total amount of
credit you desire.
- Thus if you put down $1000, you will be given
credit in the range of $500-$1000.
- This deposit is held in a special savings account.

324

- The owner of the secured credit card is still

expected to make regular payment, as he or she
would with a regular credit card.
- Should he/she default on a payment, the card
issuer can deduct payments on the card out of
the deposit.
- They are often offered to people as a means of
rebuilding ones credit.
- Secured credit cards are available with both Visa
and MasterCard logos on them.
325

Types of credit given

1. Some credit card issuers offer interest-free
periods.
If the balance is paid in full each month (or the
stipulated period) the interest charges will be
waived. This allows the credit card to serve as a
form of revolving credit.
If the balance is not paid as stipulated by the
agreement on the which the card was issued,
interest charges will be imposed on the credit
card holder.
326

Typically, the rate of interest charges on the

amount owing is much higher than most other
forms of debt.
2. Some credit providers charge interest on the
amount owing from the very beginning.
In this case the interest rates are much lower than
those imposed in the first type.

327

Guarantee to merchants:
- Credit card companies generally provide a
guarantee the merchant will be paid on legitimate
transactions regardless of whether the consumer
pays their credit card bill.
- However, credit card companies generally will not
pay a merchant if the consumer challenges the
legitimacy of the transaction.

328

Benefits to card companies:

1. The interest charges imposed on debts given
(from the beginning or after the due date of
payment).
2. Card companies charge merchants fees/
commission for money transfer.
3. Annual fees

329

Credit Card Organizations:

1. Diners Club (Dinners Club International)
2. MasterCard (Master Card Incorporated)
3. BankCard (Australian Financial Institutions)
4. VISA (International Service Association)
5. American Express (American Express, NY)
6. Discover Card (Discover Bank/ Morgan Stanley)
7. JCB (Japan Credit Bureau)

330

Adventages vs. Disadvantages:

Adventages:
- Convenience in payment/ no need to carry cash
- Immediate availability of (short term) loans in
case of an urgent need
- Avoidance of long procedures.
- Face saving in case of need for short loans.

331

Disadvantages:
- Enhances the culture of borrowing
- Enhances consumerism:
- Difficulty in controlling expenses
- Unwise use especially by young people
- Suffer the long-term consequences of
carrying high debt.
- Payment of prohibited interest (riba)

332

- Extra burden on consumers

The credit card companies usually prevent the
money transfer fees from being passed on to
credit card users the merchants, certainly, dont
bear those fees.
The fees are spread among all customers by
adding them to the normal prices.
especially as some credit providers give their
users incentives such as frequent flier miles or
gift certificates
The credit card users (some individuals) are using
a public good without bearing the entire cost of
their actions. The costs are borne by others.
333

Debit Card
A debit card is a card which physically resembles a
credit card, and, like a credit card, is used as an
alternative to cash when making purchases
when purchases are made with a debit card, the
funds are withdrawn directly from the purchaser's
checking or savings account at a bank.

334

Types of debit card:

1. Online debit cards: Use the same underlying
technology as ATMs (Canada)
2. Offline debit cards: Carry the logotypes of, and
can be used in a manner nearly identical to,
major credit cards (e.g. Visa or MasterCard).
The use of a debit card in this manner may have a
daily limit, with the maximum limit being the
amount of money on deposit.
A debit card used in this manner is similar to a
secured credit card.
335

small fee may be charged for "debit"

transactions (often absorbed by the retailer)

From the merchant's standpoint, the merchant

pays lower fees on a "debit" transaction as
compared to "credit" transactions.
To the consumer, a debit transaction is real-time;
i.e. the money is withdrawn from their account
immediately following the authorization request
from the merchant.

336

Ruling on debit /credit card

1. Debit card
2. Secured credit card
3. Other credit cards:
- It is strictly prohibited for a Muslim/ Islamic bank
to issue interest-based credit cards.
- A lot of scholars are of the opinion that signing a
credit card contract and using it is permissible
with two conditions:
337

1) That the user is keen and able to pay within the

grace period
The purchases made dont exceed the amount
that one can pay when the bill comes/ within the
grace period;
2) The user will not withdraw cash (because cash
withdrawal generates interest from the day of
withdrawal and does not have a grace period).

338

Justification of permissibility
One is not signing a loan contract with interest but
he is signing a contract that gives him the choice
to make the interest applied or not.
Consequently, if you know for sure that you can
use it without incurring any interest you make the
interest clause useless and it is permissible to
sign such a contract and use the card.

339